Manoj Kumar and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Manoj Kumar and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay, till the next date of listing, of the operation of the order dated 29.10.2025 (Case no. 536 of 2012; Case Crime no. 436 of 2010; sections 363 and 366 IPC; PS Ekdil, District Etawah) by which a non-bailable warrant was issued against the applicants; notice ordered to opposite party no. 2 through the CJM, Etawah; matter to be listed fresh on 10.3.2026.

Ratio / Principle

Till the next date of listing, the operation of the order dated 29.10.2025 passed in Case no. 536 of 2012 (arising out of Case Crime no. 436 of 2010, under sections 363 and 366 IPC, PS Ekdil, District Etawah), through which a non-bailable warrant was issued against the applicants, shall remain stayed.

Key takeaways

Notice is to be issued to opposite party no. 2 through the learned Chief Judicial Magistrate, Etawah.ratio¶11
The learned Chief Judicial Magistrate, Etawah is directed to ensure service of notice upon opposite party no. 2 within seven days from the date of service of this order upon him.ratio¶12
The case is to be put up on 10.3.2026 as fresh.ratio

Detailed headnote1 paragraphs

Interim order of the Allahabad High Court (Court No. 75; Hon'ble Saurabh Srivastava, J.) dated 16.02.2026 in Application u/s 528 BNSS No. 47920 of 2025, Manoj Kumar and Another v. State of U.P. and Another. The Court directed that notice be issued to opposite party no. 2 through the learned Chief Judicial Magistrate, Etawah, who is to ensure service within seven days; the case is to be put up fresh on 10.3.2026; and the learned AGA may meanwhile seek detailed instructions. As an interim measure, till the next date of listing, the operation of the order dated 29.10.2025 passed in Case no. 536 of 2012, arising out of Case Crime no. 436 of 2010 under sections 363 and 366 IPC, PS Ekdil, District Etawah, whereby a non-bailable warrant was issued against the applicants, shall remain stayed. The Registrar (Compliance) is directed to ensure service of this order upon the learned CJM, Etawah within the next two working days.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47920 of 2025

Manoj Kumar And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Sanjay Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Issue notice to opposite party no. 2 through learned Chief Judicial Magistrate, Etawah.

Learned Chief Judicial Magistrate, Etawah is directed to ensure service of notice upon opposite party no.2 within seven days from the date of service of this order upon him.

Put up this case on 10.3.2026 as fresh.

Meanwhile, learned AGA may also seek detailed instructions in the matter.

Till the next date of listing, operation of order dated 29.10.2025 passed in Case no. 536 of 2012 arising out of Case Crime no. 436 of 2010 under sections 363 and 366 IPC, PS- Ekdil, District Etawah, through which NonBailable Warrant has been issued against the applicants, shall remain stayed .

Registrar (Compliance) is hereby directed to ensure service of this order upon learned Chief Judicial Magistrate, Etawah within next two working days for necessary compliance.

(Saurabh Srivastava,J.)

February 16, 2026 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad